The judgment of the court below is reversed.

The defendant shall be innocent.

1. Summary of grounds for appeal;

A. The judgment of the court below that found the defendant guilty of the facts charged of this case even though he had not driven under drinking as stated in the judgment of the court below is erroneous in the misapprehension of the facts and affected the conclusion

B. The lower court’s sentence of unreasonable sentencing (three million won of fine) is too unreasonable.

2. Determination

A. On November 1, 2012, the summary of the facts charged in the instant case, the Defendant driven approximately 50cc, while under the influence of alcohol of 0.144% of blood alcohol content, on the roads of the Daegmun-ri Apartment apartment located in Seocho-gu Seoul Seocho-gu, Seocho-gu, Seocho-gu, Seoul (hereinafter referred to as “Defendant vehicle”). DSM5 automobiles owned by the Defendant (hereinafter referred to as “Defendant vehicle”).

B. The lower court found the Defendant guilty of the instant facts charged by comprehensively taking account of all the evidence as indicated in its judgment.

C. (1) Article 2 subparag. 19 of the Road Traffic Act provides that the term “driving” means the use of a vehicle on the road according to its original purpose and use. The concept of driving as referred to in this context includes the intended elements in light of the content of the provision. Therefore, the meaning of driving is limited to intentional driving and it does not constitute driving in a case where a motor vehicle is driven without any intention or involvement of a person on the road.

Therefore, without any intention to allow any person to drive a motor vehicle, he/she saw the motor for another purpose. However, in cases where a motor vehicle gets to drive or drive a motor vehicle due to a safe parking condition or road condition, the motor vehicle does not fall under the driving of the motor vehicle.

(See Supreme Court Decision 2004Do1109 delivered on April 23, 2004). In addition, the burden of proving the facts charged in a criminal trial is the prosecutor, and the conviction is the judge's reasonable doubt.